Housing (Scotland) Act 2006

Consultation S

1 (1) Where a local authority proposes to designate any locality in its area as an HRA, it must give notice of that fact— S

(a) to the owner and occupier of each house in the proposed HRA,

(b) where the proposed HRA includes any building which falls within paragraph 4, the planning authority (where the planning authority is not the local authority),

(c) in at least two newspapers circulating in the local authority's area (at least one of which must, if practicable, be a local newspaper), and

(d) in such other manner as the local authority thinks fit.

(2) The notice must—

(a) name a place where and specify the times at which a copy of a draft of the proposed HRA designation order (the “draft order”) may be inspected free of charge,

(b) describe, by reference to the statement made available by the local authority in pursuance of section 72, the assistance which the authority proposes to provide under Part 2 (scheme of assistance) in relation to the implementation of the HRA action plan included in the draft order, and

(c) specify the period (of not less than 3 months from the date on which the notice is given) during which representations concerning the draft order may be made to the local authority.

(3) The local authority must, [F1 consider ]any representations made during the period specified in the notice [F2 before deciding whether to make the HRA designation order.]—

F3 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The local authority may, before it makes its decision, modify the draft order in such manner as it thinks fit.

(5) Such a modification may not extend the proposed HRA.

[F4 (5A) Before making such a modification, the local authority must—

(a) give notice describing the general effect of the proposed modification to—

(i) any owner and occupier of a house, and any other person, who it considers likely to be significantly affected by the modification, and

(ii) where it considers that a building which falls within paragraph 4 is likely to be significantly affected by the modification, the planning authority (where the planning authority is not the local authority), and

(b) consider any representations made by such persons.]

F5 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Word in Sch. 1 para. 1(3) substituted (1.3.2011) by Housing (Scotland) Act 2010 (asp 17), ss. 149(3)(a)(i), 166(2); S.S.I. 2011/96, art. 2, Sch.

F2 Words in Sch. 1 para. 1(3) inserted (1.3.2011) by Housing (Scotland) Act 2010 (asp 17), ss. 149(3)(a)(ii), 166(2); S.S.I. 2011/96, art. 2, Sch.

F3 Sch. 1 para. 1(3)(a)(b) repealed (1.3.2011) by Housing (Scotland) Act 2010 (asp 17), ss. 149(3)(a)(iii), 166(2); S.S.I. 2011/96, art. 2, Sch.; S.S.I. 2011/96, art. 2, Sch.

F4 Sch. 1 para. 1(5A) inserted (1.3.2011) by Housing (Scotland) Act 2010 (asp 17), ss. 149(3)(b), 166(2); S.S.I. 2011/96, art. 2, Sch.

F5 Sch. 1 para. 1(6) repealed (1.3.2011) by Housing (Scotland) Act 2010 (asp 17), ss. 149(3)(c), 166(2); S.S.I. 2011/96, art. 2, Sch.

Commencement Information

I1 Sch. 1 para. 1 in force at 1.4.2009 by S.S.I. 2009/122, art. 3